Skip to main content

Do I need a workers compensation attorney?

Wartburg, TN |

I have had two shoulder surgeries and the second surgery was only a month ago. My doctor is already saying I can go back to work and full-time at that. I hurt my shoulder while working for my employer. I have only had four physical therapy sessions with this second surgery. I am in a lot of pain at work, and I believe I should wait longer before returning to work. I feel that my recovery is being rushed. I just would like some advice as to what I should do. Thank You.

Attorney Answers 7


  1. Definitely consult with a workers' compensation attorney to protect yourself.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  2. Assuming your physician is who you selected( and not by the employer) , and that your physician fully understands the actual work that you perform, and assuming your doctor fully appreciates your pain and recovery, I would recommend you obtain a consultation with a workers comp attorney. Find one on Avvo.com


  3. If this is related to a workplace injury, you should absolutely consult with an experienced workers' compensation attorney to protect your rights. Good luck.


  4. No one here can give you advice how to handle the situation without knowing more specifics. You should consult a Tennessee workers' compensation attorney.

    -This response to an anonymous query does not create an attorney-client relationship and should not be relied upon as legal advice as to any particular matter. A legal analysis of the specific facts of each case, not just the information provided in the query, is necessary to analyze a case and to give legal advice. -I have not investigated your case and am expressing no opinion as to its merits or the likelihood of whether you would prevail. -I strongly recommend that you consult an attorney about this matter without delay to ensure your rights will not be lost or jeopardized. Time limits may apply to any claim you may have against third parties. If you wish to proceed with your claim, it is important to act immediately. Failure to do so may bar your claim based upon time limits established by statutory law, court rules or case law. If your claim is barred based upon time limits, you will not be able to pursue any action to recover damages or other relief. Because I do not represent you, I have not researched and have not advised you regarding the application of time limits to any claims you may have.


  5. Generally speaking you should always get an Attorney because the insurance company will always have one on their side representing their interests so you are better off with a knowledgeable party doing the same for you. I am not familiar with NC workers' comp law, but in NY even though you are going back to work you would be entitled to what is called a SLU award (schedule loss of use) which is a sum of money that is equivalent to a number of years in payments correspondent to the percentage loss of use of your shoulder less any wage payments the Carrier made to you while you were out of work. There is also an issue of PHP, which is if you were paid at the total rate for more than the PHP weeks for your type of injury (in NY for the shoulder it's 32) any weeks in excess of that are added to the SLU weeks you were originally given. So you would be better off with an Attorney who can coach you through this and make sure you get as much as you deserve under the law.


  6. I always tell people if the insurance company pays everything and you return to work full time then try to avoid getting an attorney so you can keep working at your job earning a living and everyone is happy. However, if you end up not being able to work or if the Employer will not accommodate your work restrictions. If the insurance company nurse case manager is giving you a hard time, if the insurance company is denying medical benefits, then definitely get an attorney.


  7. You do need to consult with an attorney. The facts of your case are crucial to a correct answer.It is not possible for you to provide all those important facts in a written question in your particular situation. In Tennessee, workers' compensation cases are almost always based on contingent fees. The attorney lwould likely not charge you for the time that you spend with the lawyer to discuss those crucial facts.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics